Does a Mauritius power of attorney survive death?

This is not legal advice. This guide is general legal information for Mauritius and does not replace a consultation with a lawyer who has the full context of your case.

A Mauritius power of attorney generally does not survive the death of the person who granted it. The Code Civil Mauricien treats death as ending the mandate. From that point, authority over estate assets must come from succession law and the documents accepted by the institution concerned, not from the former agent’s copy of the power.

A power of attorney generally ends when the person granting it dies

A power of attorney is a mandate from a living principal to an agent. Death removes the source of that authority. The agent should stop signing, withdrawing funds and giving instructions in the deceased’s name as soon as the death is known.

The label on the document does not change this result. Calling a power “general”, “irrevocable” or valid for many years cannot be assumed to turn it into estate authority. A mandate tied to a transaction, a bank form and a notarial power all need to be treated as ended unless a precise legal exception applies.

This is distinct from incapacity, matrimonial ownership and succession. The related guide on matrimonial regimes and succession explains why the surviving spouse’s own property rights must first be separated from assets belonging to the deceased.

The executor or heirs need separate authority over estate assets

A will may name an executor. If there is no effective appointment, the heirs and estate representatives must establish the route available under Mauritian succession law. A person does not gain power to dispose of all assets merely by being the oldest child, surviving spouse or former agent.

The institution holding an asset will ask for evidence suited to that asset. A company may require proof before changing its share register. A notary dealing with land will need the title, death record and succession documents. A bank must identify the personal representative or testamentary executor before disclosing protected account information for the estate.

That process is covered more fully in estate administration in Mauritius. The immediate point is simple. Preserve the estate while authority is proved; do not use the ended mandate as a shortcut.

Banks, land transactions and pending signatures after notification of death

Notify the bank promptly and ask for its written succession checklist. Cards, online access and mandates should no longer be used. Legitimate household expenses do not create authority to operate the deceased’s sole account. The bank may have procedures for particular urgent payments, but those must be requested rather than assumed.

A pending land sale requires the notary to reassess the parties and authority. Under the Notaries Act 2008, a notary must personally verify that a power authorises an agent for the transaction witnessed. Once the principal has died, a signature planned under that power cannot simply proceed as scheduled.

The company context differs again. A former agent cannot vote the deceased’s shares merely by producing the power. The share register, constitution and succession evidence determine the next corporate step. Each institution needs the death date and the same accurate set of identity and estate records.

Records the former agent must preserve and hand over

The former agent must account for the administration carried out under the mandate. Preserve the original power, bank statements, receipts, contracts, correspondence and a list of property or money received. Note transactions already initiated but not completed at death.

Do not alter the file after learning of the death. A transfer instruction sent earlier, an unsigned deed and an automatic payment have different legal positions. The person now administering the estate needs dates, counterparties and amounts to decide what should be stopped, completed or challenged.

In practice, the hardest gap is often factual. The family sees one bank balance, while the agent holds months of invoices and cash records. A prompt written account protects the estate and also gives an honest former agent evidence of what was done within authority.

What happens if the agent used the power after the death?

The first questions are knowledge and timing. The Code Civil Mauricien provides that acts done by an agent who did not know of the principal’s death or another terminating event can remain valid. It also protects commitments concerning third parties who acted in good faith in the circumstances covered by the Code.

That is a limited protection, not permission to continue once death is known. A withdrawal after notification, a deed signed while concealing the death and an automatic instruction sent earlier are not the same case. Evidence from the bank, notary, messages and death notification will be needed.

If proceedings follow, the forum depends on the remedy and transaction. An overview of jurisdiction appears in the structure of the Mauritian courts. No party should dispose of the disputed asset while assuming a later court can easily repair the position.

Ratification, reversal and personal liability for unauthorised dealings

An unauthorised act is not automatically cured because the estate might have made the same decision. The person with lawful estate authority must first understand the transaction and whether it can properly be confirmed. A bank reversal, corrective deed, company resolution or court order may instead be required.

The former agent may have to restore money, deliver property and explain any personal benefit. The Civil Code requires an agent to account for management and what was received under the power. Where loss follows fault or conduct outside authority, personal liability may arise, but the result depends on knowledge, the power’s terms and the response of good-faith third parties.

Suspected misuse should be documented, not confronted through an improvised transfer from another account. Obtain statements and preserve messages. If the problem also concerns the adult’s earlier capacity, planning for incapacity in Mauritius identifies the separate lifetime framework.

Moving from lifetime agency to lawful estate administration

The handover begins with the death certificate, the original power and the agent’s account. Gather the will, marriage documents, title deeds, share records and correspondence from institutions. Identify which payments were authorised before death and which remain incomplete.

Next, establish the person entitled to represent the estate and provide the evidence requested by each holder of assets. Replace company and banking mandates only through valid appointments. For land, the notary can advise on and draw the required succession or transfer instrument.

A power of attorney belongs to lifetime planning. It should never be stored as if it were a substitute for a will and estate file. The chambers’ property, estates and wills practice explains how the two stages can be addressed without confusing their authority.

Related: Adult guardianship and incapacity in Mauritius.

This is not legal advice. This guide is general legal information for Mauritius and does not replace a consultation with a lawyer who has the full context of your case.